Development of the Constitution

1. Development of the Constitution

2. Something Must Be Done AOC stink Annapolis Convention – 1786 Originally meant to discuss trade regulations Only five states show up Representatives agree – Must discuss strengthening the government Idea is popular among states

3. Background - The Constitutional Convention of 1787 • Met in Philly • Examine and recommend changes to the existing Articles of Confederation • May – Sept 1787

4. Composition – Who was there? • Wealthy upper class, white men • Selected by state legislatures, not popular vote • George Washington • Ben Franklin • Alexander Hamilton • James Madison • Roger Sherman • Notable names not present • John Adams (minister to England) • Thomas Jefferson (minister to France) • Regardless, there was a ton of political talent at this convention

5. Virginia Delegation • Led by James Madison • Had every intention of creating a new constitution • This is Virginia’s mission in Philadelphia • Virginia Plan • crafted by Madison • presented by Edmund Randolph

6. Initial Decisions - The Constitutional Convention of 1787 • Presiding officer – George Washington – Why? • _____________________________ • _____________________________ • Every state - one vote • Proceedings held in secret • Concerned newspapers would criticize decisions • Not democratic • The delegates want a government that was … • Firm, dignified, respected at home and abroad • Strong against instability at home • From the start, decided the A of C were too flawed • Virginians set the tone - introduced Virginia Plan • They weren’t authorized to change AOC, but they did it anyway

7. Two Plans • Virginia Plan • Presented by Edmund Randolph – Gov from Virginia • Three branches – legislature strongest • Bicameral house • 50% required to pass legislation • Strong federal government • Could veto state laws • Smaller states object since they would have no influence • New Jersey Plan • Proposed by William Paterson – delegate • Presented as a series of amendments to the AOC • Unicameral house • Would create an executive, a judiciary, federal taxes, federal regulation of trade • But would require a unanimous vote to pass these taxes, trade regs • Larger states rejected since smaller states would have equal power

8. Centrist View • The Virginia Plan became seen as a centrist plan because • NJ Plan was a glorified A of C • Alexander Hamilton introduced the idea of a constitutional monarchy • Far more conservative than the Virginia Plan • This was calculated to help Va. Plan

9. Connecticut Compromise (Great Compromise) • Roger Sherman is the architect for this plan • Have a Legislature where the lower house was popularly elected • assigned delegates based on population • House of Representatives • The Upper house would have equal reps from each state • The Senate • Elected by state legislatures • Only need 50% of the vote to pass legislation • Model for our legislature

10. Federalist/Anti-FederalistCompromises • Independent v. Congressionally controlled judiciary • Executive Branch – Art. 2 – Series of compromises • Should there be an Executive Branch? How many executives? • Control foreign policy, but Senate had to approve all diplomats and treaties • President is C-in-C, but only congress can declare war • Would there be a popular vote? - No way • The people are dummies • Birth of electoral college

11. Slavery – Compromises • The framers built slavery into the fabric of our government • However, they are careful to never use the term “slavery” in the Constitution. • 3/5 Compromise • Slave Trade and Commerce Clause • These items would pose big problems for those trying to remove slavery in the future.

12. Differences Between Articles and Constitution… • Passing Legislation • Constitution – simple majority – easier to get things done • A of C – two-thirds • Executive • Constitution – a single President – not a lot of power at first (would get stronger) • A of C – No executive • Power of the Federal Government • Constitution – potentially strong • A of C – very weak • Amendment process • Constitution – 2/3 of both houses of Congress + ¾ of State conventions • A of C – virtually impossible - need a unanimous vote • Constitution • The Constitution is a less democratic document • Takes power away from common voters • More aristocratic • Creates a stronger federal government – this is a danger in the eyes of many

13. Ratification Process • If two-thirds of the states ratify, the Constitution would go into effect • Every state had to go through a ratification process, hold a convention, and elect delegates to the convention • This sets up two groups: the Federalists and the Anti- Federalists

14. Federalists –vs- Anti-Federalists • Anti-Federalists • Opposed Constitution • More democratic • States rights • Wanted strong local government, not fed government • Small farmers, small business people, artisans. • Felt they didn’t need a strong government to protect their interests • Less funded, less educated, less organized • Federalists • Supported Constitution • Most of the distinguished people in the country • George Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay • Well-funded, well-organized, politically experienced • Wanted a strong federal government • Wanted a strong executive • Wanted a government that was respected abroad and at home • put down insurrections • Act decisively – even if done by sacrificing some rights

15. Ratification • Constitution was drafted and signed by 39 delegates on Sept 17, 1787 • Some states were very pro-constitution and they ratified easily. Dec 1787-Jan 1788 • Delaware • Pennsylvania • New Jersey • Georgia • Connecticut • Other states followed between Feb – Jun in 1788 • Massachusetts • Maryland • S Carolina • New Hampshire • Final group of four • NY • N Carolina • Rhode Island • Virginia • Why was 9 of 13 states, as Article VII stated was required, insufficient?

16. Federalist Papers • 85 pamphlets & essays supporting the Constitution • Written by Alexander Hamilton, James Madison, & John Jay • Cited in Constitutional interpretation debates • Lens into the ideas of the founding fathers • Large government would provide stability and security • Federalist #10 – How to create a strong government while preserving freedom • Federalist #51 – Separation of powers and checks and balances

17. Bill of Rights • Anti-federalists refused to sign the Constitution • Did not protect the people against the central government • Needed a statement of individual freedoms • Required to prevent the country from falling into tyranny • Anti-federalists tried to influence state ratification processes by writing pamphlets and newspaper articles • They would often take on pseudonyms of the Roman Republic, like Brutus • Some argued that the federal government would degenerate into a tyrannical entity • Federal Bill of Rights - #1 priority of the new Congress